ARRL has taken a minor exception to the wording of a
September 24 FCC Enforcement Advisory
pertaining to the importation, marketing and sale of VHF
and UHF transceivers and is in discussion with FCC personnel to resolve the
matter. The Enforcement Advisory was in response to the importation into the
US of certain radio products that are not FCC certified for use in any radio
service, but identified as Amateur Radio equipment. 1

In its discussions with the FCC, ARRL has stated:

“In several places, the Enforcement Advisory makes the point that
‘anyone importing, advertising or selling such noncompliant devices
should stop immediately, and anyone owning such devices should not use
them,‘” ARRL pointed out. “The Advisory broadly
prohibits the ‘use’ of such radios, but our view is that there
is no such prohibition relative to licensed Amateur Radio use—entirely
within amateur allocations—of a radio that may be capable
of operation in non-amateur spectrum, as long as it is not actually used to
transmit in non-amateur spectrum. 1

The Enforcement Advisory includes the following Amateur Radio Exception
which appears to disallow the use of certain uncertified devices in the
Amateur Radio Service:

If a device is capable of operating only on frequencies that the FCC has
allocated for use by Amateur Radio Service licensees, it does not require FCC
equipment authorization, and an amateur licensee may use his or her license
to operate such radios. However, many two-way radios that purport to operate
on amateur frequencies also operate on frequencies that extend beyond the
designated amateur frequency bands. If a two-way VHF/UHF radio is capable of
operating outside of the amateur frequency bands, it cannot be imported,
advertised, sold, or operated within the United States without an FCC
equipment certification. 2